HomeMy WebLinkAbout2022 01-11 PC PACKETCITY OF GEM LAKE
Heritage Hall
4200 Otter. Lake Road j Gem Lake, MN :55.1 10
651-747-2790192 .651-747-27.95 fax 1J:
E-mail city Ri zfem lakemn.org
Planning Commission Meeting, 3anuary 11, 2022
Call to Ordeir of Planning Commission. Meeting
By Chair .lion Cummings at 7: p.m.
Call of Roll
Cummings Farrell Patrick Pratt Wippich
Others in Attendance: Sign-up Sheet
Acknowledgecitizens or staff attending
Agenda
• Planning. Commission Agenda for this Meeting (Accept Agenda)
• Approve. the Minutes: from December 7, 2021 Planning.Com3nission Meeting.
Public Hearings
+ Conditional use Permit for an accessory building at3825 Sclieunernan Road
■ Modifications to Ordinances: relater] to Home Occupation
■ Change in the definition of Home Occupation in the Consolidated Land
Use. Ordinance (131) -- Appendix A
■ Revision. of wording in Section 5.2.5 in the Consolidated .Land Use
Ordinance (131)
■ Replacement of the existing. Home Occupations Ordinance (85) with a
new version.
New Business
• Update on status of Comprehensive. Plan reviews
Future Meetings
■ Next City Council Meeting, Tuesday, January 18, 2022
■ Next Planning Commission Meeting,luesda.y..february 8, 202.2
Adjournment --Tile meeting adjourned at
CITY OF GEM LAKE
Heritage Hall
4200 Otter Lake Road I Gem Lake, MN 55110
651-747-2790/92 1 651-747-2795 (fax) -
E-mail city@gemlakemn.org
Gem Lake Planning Commission Meeting
January l 1, 2022
Sign in Sheet
Name
City of Gem Lake
Planning .Commission. Meeting — December 1, 202.1
Meeting. Minutes
Planning Commissioner Chairman Don.Cuminings cal.led.the.lneetingto order at 7:00 p.m. Commissi.oii
Members Stephanie Farrell, Joshua Patrick, Art Pratt and Derek V[Wippich were. present. Also. present: City
Attorney Patrick Kelly and Acting City Clerk Melissa Lawrence.
Minutes
A motion was made by Commission Member Pratt, seconded by Commission. Member .Patri.ck to approve
the. November3, 2021.,. Planning Commission Meeting Minutes. Voice vote taken, all in favor, motion
passes, minutes are approved.
Public.Rearin s
None Scheduled
New Business
Discussion of open issues .related to Home .Occupation
The Planning Conirnission is looking for a way to streamline the def nition of holrle.occupadon. The
Commission reviewed White Sear Lake's and White Bear Townships definition and see. that Gem Lake's..
definition can be more simplified.. City. Planner; Evan Monson, sent. over some. recommendations.on what
can. be done to..clean up the wording,
The Commission Members reviewed the Horne Occupation Ordinances from White Bear Lake, White
Beaf Township, Shoreview and. Maple Grove. 'Com mission Member Wippich.suggested that. under
Purpose and Intent.in the Home Occupation Ordinance that the language be cleaned up. there as well.
Changing "The intent of this Ordinance is. to provide opportunities.. " to "Tire. intent of this Ordinance is.
to allow Opportunities:.,.".
It was also suggested by Commission Chair Cummings that language be added to the section not
requiring a license or permit to include "or adjacent property" to the end,of the sentence.
There were many other recommendations made: on changes that %v111 be passed along to the City.Planner
to look at for the January Planning Coinniission Meeting.
Open Items from Commissioners or Council ReRresentatives
Acting City :Clerk brought ua. phone. phone inquiry she received. earher in the. day regarding Air BNB's. The
Planning Commission discussed this briefly and will look. into. this topic at a later lneeting.date.
Commission Chair Cummings discussed with the Commissioners clanging the dates: far the 2022
Planning Commission .Meeting dates. Cummings suggested that meetings be moved to the second
Tuesday of each month. Commission Member Patrick introduced a motion to.move the Planning
Commission Nleetings,to the second Tuesday of cacti month, seconded by Commission Member Pratt.
Voice vpte:taken, al] in favor, mQ.tion passes, Planning Commission lvleetings wi]I now fall on the second
Tuesday of every month.
City Attorney Patrick Kelly brought up the Comp Plan and :asked where the Commission was at with it.
Commission Member Patrick stated that now that.the current one is being Finalized it is time to start
looking at a..new one. -City Attorney Patrick Kelly suggested that the Commission look. at.certain areas
and their zoning for future possibledevelopment plans.
City of Gern Lake. Planning Ccmmission. Mee [ing,N!inute9 Becember 7, 2021. 1.[ 1' a
Future Meetings
Workshop, Monday. ❑ecember 13; 2021:, canceled, City Council, Tuesday December 21, 2021, Planning
CQirimission, Tuesday January 1 1, 2022,
Adjournment
Being there no further business following: a motion:.from Commission Member Pratt; seconded by
Commission Member Wippicli, the meeting adjourned at 8:05 p.m.
Respectf slly submitted, Melissa Lawrence
Coy of Gem. Lake Plamning Commission Meeting lMHutes.December 7, 2023 2 111 .s:
City of Gem Lake
Heritage [fall
4200 Otter Lake. Road j Gem Lake, MTV 55110
6..51-747-2790t92 1651 -747-2795 (fax)
E-mail Cil.}'�ii11!Cn7l1l t tnn.t]rt?
Conditional Use Permit
Cmi dilioifal Lve Permit may be gramed or (lemiod by Ihe. City+ by the Ptaniti► g
►r►ui.tsio►r trr uct•urdance with Ordinance :Ya,..131 (za►rirrg), Section 17.5. Com itirmal andlnieri►►+ Use Peruriis:
LICENSE APPLICATION CHECKLIST.
To prevent delay, plc:)sc ensure the follMVltiF fuformatimi is suhmitted where n 11100 151c.
0 Permit Fee (if payingw.ith cash Nve.can d.nly.acccpt cNact change)
0 0775.00 (payable to the -City of Cetii Lake)
0 Site Plan
0 Btdlding Locations (dwellin-gs, gavagr, accessory buildings)
0 Site Improvoincrits (parkifig.arcas, drives; sidewalks, fences; becks, lighting, etc..)
0 Yard (front, side. rear Setbacks)
0 Wetlands (dcIinctit ion of streams,. %valer h0dics, wctk'nds :& 10.0. year.sl0rrn elevaIi.n.n)
0. l~xisting 'Trees (6 incli in. diameter. or mot 0, large slirubs & proiiosed Iiiirlscap 1ng
0. 1.0cation of•sim, with adj4cciA land usu
0 Topography, Grading;.
0 Schedule (when applicant intends to corimuct)
0 Adtdrionai inf6miation, ifrequired
0. Permits or written comments from other agencies;
(DNR, RCWD, VLAWN4.0, Ramscy County, MnDQT, US Ariny'CmTs of Enginccrs)
0 Certificate of S;.irvcy cir full legal desvripiiaii
0 Building plan: (sine, intended use of stnictures, exterior tinlsllcs, floor plaits and elevations)
nfor[i�atinri
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I Pr6pert} is. zoned as: a1 tD>rM"ttF► t. Existirig use of the site:
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i)�scriplion of Conditional Use being requested: Ci.T:n-.!54-X>Q�.1�-6d-ea(*A V
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1[ H.lC�1 _ _PrL�Y2 LAVI�1 Eau►Pr+1- t>a� R►-Oo_ A 0 DNu5 MP-aDM
Afplictirit Signature:
.._,.___..._...__.- W... Cisy:nf 6iii Lukc Cwiditiciii)I Llst Nrjna - •s'4sev l 0f:i
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Dahl Prnetices Advisory (Tennessen Wtirnin
I uttdcrstand that sum6 of the information provided on thls form will bo. public data, Public: data is availabic Wanyone who makes a
rctlufest for sticli inforniatiori. Cinder the. Mlmesota Data Practices Act, your address, clnail and/or telephone number areprivate data.
1'.cw ntaY �lidose nn` to pro4i[]c.some.or all of tkis private data, but it inay..causayour Ccndi6onai Use Permit rc,3ucst to be denied. By
comjlleting this infbrrnation, you are consenting. to allow zits City of C➢eln Lake staWto share this Information in Order to administer
Cienl Lake Ordinance- regarding Cond.itionalkse Perir�'ting.. I'leasc sign below to :i€iirill that you have Toad Ibis notice.
Ap Brant Signature! Dote: _ �
1. Submit 15 copies of application and all sup oi'tirlg n1'forillatl[]i1 tU. the City Zoning Administrator (minimuln ol"fim' (4) weeks
prior to die Planning Commission Meeting,
L Planning Cmm�rissian: lx' Tuesday of the.lnonth at TOO p.rn. atI-1aritagc Hall,.4?4a Otter. Lake Road. Tile Zoning
Administrator.schedules public. hearing dates srid provides information to the Wliite Hear Press for the time and place of the
hearing. ?
Plniming:C:ummissinn dYlecting L7atc; 3. C'ity Council: 3rd Tuesday of the. rnohth at 7.00 p,m..at. i- ndtage Ilal i, 4.200 Otter.Ltlke Road..
City.Council Meeting IJam _ {
daralc i
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City Council will approve a Conditional Usc.,Pennit.only if ilia following facts are established: E
■ There will be no detraction frotxj the alsllcarance of adjacent properties, or City aS n whole,
• There will not be. aesthetic incompatibility 5..
• There will notbe aural incompatibilitY (noise)
■ There Will not be daninge to. vegetatioil
■ Traffic patter ns. wi I I not be negariNiel y affected
• I'lierc is no it
nriecessary loss of existing natural features
+ Will not Cause.$oil erosion
• '�Vili not.increase flood potential
The praposal is consistent with Cornprehensive Plan and complies with other Ordinances I
s
It is, the policy of the City of0cm Lakc 1hHt all identifiable costs associaled.with C_on.ditional.Use.Permits within the City shall be tlic
snlcs respolisibiIity of the. owner 0f mid prohcgy. The eost.shiaII inchid e,.but are riot Ii.mitod to die following;
City planning review costs (reports, flleetings, site review)
■ Engineering mview costs
• Legal costs (prcparniion orhearing not.iccs, legal rei;earG11, ccrtiticafion costs)
+ Publication costs (notice. of hearing)
t ■ Reappurtioomrrtt of assessiricriLs (engineers report)
" Nmailings and CJwmrship Repurts [c�wttcrsliiplcnctuni ranco.)
11.6tir to the. until liearing or deterirdnatian by the: City Council, all City expenses shall be.paid by the owner. Subsequent expenses not i
paid at [lie time of final hearing or determination by the City (due ta billings by consultants, etc,) shall be pall Within 30 dnys upon
racditat of a killing from tFlc. City. -'he application will be cnnsidereri incomplete until niI costs are pain to (he City.
. (1t'tite use onlAt-
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Coliditional Use Pumit paid: :7 Cagh 0 Check
C.h�ck_No-. _ Ite.ceiptNIFo.:
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ApEpj.i,val Bawd un the laliowing condit oiss
Apgiieation Complete and Pemift. GraMd:
Appkufloli Cotzililulc.and Permit Denied:
"City o[ (kni. Like Conditiona) Lase i'ern.tis - ['a�;a 3 ref 3
Permit Request.
Jeff and I are requesting a Conditional Use Permit to build an accessory structure. on our property
located at3825 Scheuneman Road Gem Lake; MN 55110. This structure would be located on the
Southwest Corner of our property {see.Attached location map}. We are asking fora 35 ft Wide by 40.ft
Long (1,440 sq ft)accessary structure to also include a bonus room above.
This structure would be used to store lawn equipment and personal vehicles. As shown by the overhead
view many of our vehicles are now stored outside. The.bonus room would.be used as a craft room. We
Would. .like to rough in sewer anal water into this structure along with gas. and electricity: We believe we
would. have to run separate meters for these utilities. There is.a sewer line that runs along the South
.property line f rom the residences behind :us.
There is one pine tree circled in red on the attached location map that will need to be removed to allow
far a gravel driveway to.ba installed to. access the. accessory building.
We are not aware of any water sheds on the property.
Legal description is attached.
Proposed schedule
If permit is.approved,. removal of the gardenfence WouId begin this Fa11 2021. The.shed would be moved
to another location on the property. The shed wouId.be kept. until the structure is complete to. store
lawn equipment.
Winterj5pring:2022
o Move shed
o. Remove garden
o Dirt work—.Gra.ding.
Spring/Summer 2022
.o Dig footings
a Utility install
o F.oundatior/Block work.
o Concrete Slab
- Late Summer.2022
a Construct wood structure
❑ Roofing
o Close up structure for winter
- Spring 2023
a ]nstall'Siding
a Pour concrete aprons
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Memorandum
To: Gem Lake Planning
Commission
Copies To.: Ramsey.and Jeff James,
Applicants
Melissa Lawrence,
Administrative Assistant
From:
Rate:
SUBJECT -
Evan Monson, Planner
January 4, 2022
MEETING DATE:
LOCATION:
APPLICANTIOWNER:
ZONING
REVIEW PERIOD:
ITEMS REVIEWED:
Reference: James CUP Application
Project No.: 18281..000
Routing:
Conditional Use Permit application for detached accessory structure
exceeding 1.,000 5F in siie
January 11, 2022
3825 S.cheuneman Rd, PID 273022420.011
Jeff and.RamseyJames
Low Density Residential. (RO)
60 day review period ends January 29t", 2022
Application and plans received: by City on September 29, 202:1, revised plans
received on November 29., 2021
DESCRIPTION OF THE REQUEST
The applicants are looking to build a detached accessory structure on their property at 3825 Scheuneman
Rd. The proposed structure. wouId: be.1,440 square feet.in size, and located to the south of the existing
house. The. structure would. have. a second floor for additional storage, which would result in a max height
of.24 feet 10 inches for the structure.
Accessory structures with a footprint exceeding 1,boo square feet require a conditional use permit (CUP)
be issued by the city, per Section 16.5 of the.Consolidated Land Use ordinance. CUPS require review by
the Planning Commission, and final approval or denial by the. City Councif..
TKDAO l 444 Cedar Street Suite 15t70 I Saint Paul, MN 551g1 65UR2.4400 • tkda.c
An employee -owned company promoting affirmative action and equal opportunity.
James CUP Staff Report January 11, 2022
Gem Lake Planning .Commission Page 3
PROJECT INFORMATION.
Figure 2. Proposed Site Plan (new structure shown in red)
Consolidated Land Use Ordinance Requirements
The. Consolidated Land Use ordinance outlines zoning requirements for now accessory structures in the
city,. Section 1.6, 5.5 notes that "no combinations of accessory buildings .shall be allowed. to exceed one -
thousand (1,000) square feet in: size, except by Conditional or Interim Use. Permitfrom the City Counci€".
The proposed structure size of 1,440 SF would then trigger the need for a CLIP from the city,
Other zoning requirements would be met. The proposed structure would be able to meet the applicable
setback requirements required, as it would be .15 feet from the side/south property line, and 35 feet from
the rear/west property line. The maximum height permitted for an accessory structure is 25 feet; the
proposed structure would be just below that limit at 24:feet 14 inches. The RO zoning distric t. requires. a
minimum of 40% of the lot to be open space, .which would .equate. to 60%. of .the lot occupied by.
1
.James CUP Staff Report January 1.1, 2022
Gem Lake Planning Commission Page.4
impervious surfaces. The property, being 9.75 acres in size, would have just under 2.2% of the lot
occupied by impervious surfaces (buildings, driveways, etc.) if the request is approved.
Conditional Use Permit Criteria
When reviewing a CUP request, impact on the following criteria sha.11.be reviewed. by the city, as noted in
Section 17.5.2(A):
1) Adjacent Uses
2) Air and Water Quality
3) Traffic Generations
4) Public Safety and Health.
5) Area Aesthetics
6) Economic Impact on the Entire -Area
7.} Cons. istencywith. the Comprehensive Municipal..Plan
8) Anticipated Duration .of the..Conditional.or Interim Use
Section 17.5.9(B) of the further notes that the following standards apply to new CUPs:
1) Compliance with all zoning and other regulations as may Otherwise be applicable;
2) The date or the event that will.. terminate the use can be identified with certainty;
3) The existence of the Conditional or Interim Use will not impose additional costs on the public if it
becomes necessary for the public to take the property in the future;
4) The.. user agrees to any conditions of approval. associated with the approval of the Conditional or
Interim Use.Perniit by.the City Council.
Section 17.:5.9(C) finally notes that new and existing CUPS should.. adhere to the following:
1) Shall. maintain harmony and compatibility with .surrounding uses add with the architectural character
and design standards of existing. uses and development;
2) Shall meet or exceed all Performance Standards contain elsewhere. in this. Qrdinance;
3) Shall not generate such additiona.i traffic associated with the -use that would overburden or exceed the
capabilities of streets and other public services and facilities including, but not limited to; parks, schools.,
and utilitiesserving the. area..
If the above criteria are hot met, or there is findings to show that they would not be met, the Planning
Carr}mission.couId add conditions of approval onto the CUP to ensure the criteria are met, or could site
the lack of criteria being metas:findings to deny the request..
7
James CUP Staff Report January 11,.2022
Gem Lake Planning Commission Page 5
EVALUATION OF REQUEST
Below is the Planner's findings in regards. to the. criteria for this Conditionai..Use request, with the criteria
in italics.
9 7.5. 2(A)
7}. Adjacent Uses
The. proposed use would. be for an accessory structure; which is a permitted use in this zoning
district. The proposed building. size would not impact the use of neighboring properties. The
engineer noted potential issues with drainage. on the site, as. the low spots on the lot to the south
have experienced..flooding in the past. A condition could be:to locate thie structure further north. on
thelot away from areas withthe potential to. accumulate water, as well as to require..a grading
plan be reviewed by the city during the building permit process.
2} Air and Wafer Quality
The building of :an accessory structure. should. not impact air or water quality..
3) Traffic Generations
A detached accessory structure would not generate new trafficin the area.
4) Public Safety and. Health
The: proposed project should not have impacts on the safety or health of the public., provided the
structure. is built. to code -and adheres to conditions placed on this CUP.
5) Area -Aesthetics
The size, while. larger than that of.typical: accessory structures in the neighborhood, rrfay not be
very noticeable from the road due to existing trees and the placement of the structure. on the SW
corner of.the lot. The proposed exterior design of the. structure would resemble that of a.sub urban
residential. building, and should not stand out. The proposed structure would provide additional
storage .on .the property, which would reduce. outdoor storage on the property.
6]. Economic Impact on the Entire Area
NIA. Residential accessory structures do not tend to have an economicimpact on an area.
7} Consistency with the Comprehensive Municipal Plan
There is not much mentioned in regards to accessory structures or detached garages in the
Comprehensive Plan. Provided that zoning requirements and other m.unicipaI ordinances are met,
the proposed project would be consistent with.the. Camprehe.nsive Plan.
8} Anticipated Duration of the. Conditional or Interim .Use
As. a conditional use, the. proposed structure would be intended to: be used for a considerable
amount of time.
1.7.5.9(B)
1} Compliance with ali zoning. and. other regulations as mayotherwise be. applicable;
The proposed request is compliant with zoning requirements; and would be required to comply
with all other applicable local, State, or Federal regulations.
2} The elate or the event that will terminate the use can. be identified with certainty,,
As a conditional use, this.requirement is NIA.
I
James CUP Staff Report Janu.a.ry 11, 2022
Gem Lake Planning Commission Page 6
3) The .existence of the .Conditional or Interim Use will not impose.additional costs on the public if it
becomes necessary for the public to take the property in the future;
In the event of: the public taking :the property in the future, the presence of the proposed detached
garage..should.not impose additional costs onto the public,
4) The user agrees to any conditions of approval. associated with the approval of the Conditional or
Interim Use Permit by the City Council..
In discussions with the applicant, the conditions proposed by:the Planner were considered
reasonable and.agreed to by the applicant.
1.7.5, 9(C)
1). Shall maintain -harmony and compatibility with surrounding uses and with the architectural
character and design standards of existing :uses and development;
The proposed structure wouId, be. designed to resemble: a residential structure typical of that
found in the: city. The proposed Iocationwould result in the, building being partially screened from
the road. by existing trees..
2) Shall meet or.exceed all Perfonnance Standards contain elsewhere in this Ordinance;
The -proposed use is meeting applicable zoning requirements.
3) Shall not generate such additional traffic associated with the use that would overburden or
exceed the capabilities of streets and other public services and facilities including, but not limited
to, parks, schools, and utilities serving the area.
The proposed. detached accessory structure would not be generating traffic to a level that would
impact streets or other public services and .utilities.
ACT1O.N
The Planning Commission has the following options for this request:
1. Recommend the. Council approve the request, with or without conditions
2. Recommend the Council deny the request, with findings for denial
3. Table for further reviewistudy
RECOMMENIDATION
The Planner would recommend approval of the. Conditional Use Permit request to build:.a detached
accessory structure exceeding 1,0100 SF in size, at. 3825.Scheuneman Rd.. The following conditions for
approval are :recommended:
1) The applicant is permitted to build the proposed detached accessory structure to a size of 1,440.
square feet, according to the plans submitted to the city and reviewed with this request.
2) The applicant is required to .acquire a building permit -from the city .for the proposed structure, and
ta.submit. a grading .& erosion control plan to city staff for review prior to issuance of a building
permit, so. as to ensure drainage issues fron! the city engineer are addressed.
3) Any connections of the proposed accessory structure to city utilities sftall adhere. to applicable city
requirements.
4) The applicant is required to adhere to al applicable local,. State,. or Federal regulations:.
James CUP Staff Report. January I1_2022
Gem Lake Planning Commission Page 7
s
5) The applicant is required to acquire any othw applicable local, State, or Federal permits for this
request,
7
Memorandum
To: Gem Lake Planning Reference: Home Occupations
Commission
Copies To: Patrick. Kelly, City Attorney
.Project No.: 18398.000
From: Evan Morison, Planner Routing:
Date: Januar 4; 2422
SUBJECT: Home Occupations
MEETING DATE: January 11, :2022
BACKGROUND
The city has been looking into ways to. improve the requirements and regulating of home occupations.
Home occupations can. vary in scope and definition from place to place, but typically they are considered
a use or activity carried out in residence by the occupant. Such use.or activity does not.change the
character of the residence and is often defined. as being incidental, ancillary, or secondary to the primary
use, .which in this case would be residential.
The.gbal of updating these requirements and regulations should be to provide something that is clear;
concise, and makes sense for thecommunity. -Given the shifting nature of work during the COVID-19
pandemic, many people'.are able to utilize their internet connections at home.to com plate. the. jobs the
previously d.id.in the office.. It would be counter -intuitive to.designate such an activity like that as
prohibited, nor would it make sense to requirea permitting process for such.an activity. The purpose of
having requirements would be.to avoid having 'intensive.'o.r'nuisance-creating' activities from taking
.place on a residenti.al.property, .as such uses would be.better served in commercial orindustrial zoning.
districts where such activity is expected.and permitted. to lake place, and to distinguish what is and. isnot
to be permitted. The city also. is able to further decide if uses should be permitted by -right (riot needing a
permit), or if a license.or permitting process of some kind is applicable.
The1ollowing pages include information on a draft..ordinance for the Planning Commission to consider for
adoption. A draft was provided for review and discussion at -the December meeting; the changes and
comments brought up at the..meeting have been incorporated into the latest draft for review. The
Commission has the ability to make further changes, if needed. If a consensus is reached, the
Commission may recommend the draft.for review and. approval by the City Council at.a.future council
meeting.
TKDAO 1 444 Cedair Street Suite 1500 [:Saint Paul;. MN 5510 651.292.4400 • tkda.dom
An employee -owned company promoting :alfifmative action and equal opportunity.
Home Occupations. Staff Report January 14, 2022
Gem Lake Planning Commission Page 2
DRAFT ORDINANCE
The city currently has rules and regulations for home occupations doused in ordinance #85, Some of the
language has not changed, while some parts have. been overhauled in the last few months by the
Planning Commission....A redlined copy of the ordinance draft is included to show what has and has not
changed.
The proposed changes would replace the current ordinance. Along with this, we would add new
references .and'information into the Consolidated Land Use Ordinance, where our. zoning items are
housed. -This is included in the second ordinance document, which would. amend Appendix A in order to
add the new definition of a Home Occupation into it, along with a reference to this new.ordinance.
ACTION REQUESTED
The Planning Commission has the following. options;
1. Recommend approval of the proposed ordinance, with or without changes
2. Table the item for further revieW/study
RECOMMENDATION
The Planner recommends. the Commission make any.changes, as necessary, to the draftordinance. If
the Commission feels the draft ordinance is complete, it. can be recommended to.the City Council for
review and approval.
Attachments:
• Redlined document of draft ordinance language
• Draft ordinance for Homo Occupations
• Draft ordinance for updating:.Appendix A —Home. Occupations definition
Home Occupation Ordinance
Definition
Home Occupation —
1he ;..hah:t. NS and n e. thaA .R... (1) Plan
w haee. at the. I edict-. fam L.. sic Rg tL..-....:-. Name .. ..L_n
m-vcL:r�o_chn�.�..."Idm shops
-4
the--homeGGGupat gaL}4 use_in aidenta_and second_ory to a Dropprty's primary resdential use. A home
occupation use. s.ha11 not change the residential character of the property of the neighborhood, and she11
meet all applicable legal requirements
Home Occupation Section
Purpose & Intent — The _i_nte_nt_of_this _Ord inance is to allow opportunities for home based work with other
uses oermitted in the residential districts and to assure peace. quiet and domestic tranquility within
residential neighborhoods -
Home Occupations not requiring a License or Permit
_Occupations that take place indoors and generate no traffic, and create no nuisances or noises
as noticed from the street or adiacent properties,
Home Occupations requiring a License:
Home occupations shall require a Special Home Occupation license if any of the following circumstances
apply s 8004 year-
_ -Occupations that have one non-resident employee working on -site at one time-.
,Occupations that require parking of light commercial vehicles, or trailers with a maximum one ton
payload capacity
_Occupations that result in manufacturing, processing, or assembly of products on -site
_Occupations that result in customers coming to the residence, such as selling of crafts or baked
goods, providing teaching ortutoring to multiple students
_Occupations that result in deliveries of goods to the residence
serafnars+ai vohHZ;4e-
-- A Ye Ole and;vrar t...: I.... ..d : the hemeet paFke d an the premises. whish e. e ds
Home Occupations requiring a Conditional Use Permit
_Occupations with a vehicle used =P a hame patien. and parked on the premises, with greater
than a one ton payload capacity :.. ,,... dad. PaFk mf,his ve hida shall e.raly he a1towed by the.
of .. GG ndH;....a1 u se a. king ..e .a.f 1 ad by th0 Y`:t y of h_.-...-. ! .- ke
r
Commented [EPM11. Can add this new definitionto
Ord #131 Appendix
Commented [EPM2]: This is the same defirdion as
used by White Bear Township
'• Commented [EPM3]: A home occupation such as
working on the computer from your house would not
need a permit or license, as it is indoors, does not
generate customers or traffic, and creates no noise or
nuisances as noticed from the street.
Commented [EPM4]: Would allow multiple employees,
but could only have one on -site at a time
•Occupa tieris that occupy aver 50% of the residence not incl Win Q attached or detached
accessory structures.
Requirements applicable to Home Occupations requiring a license or Conditional Use Permit
• No traffic shall be generated by a home occupation in greater volumes than would normally be
expected in a residential neighborhood. The need For off-street parking shall not exceed more
than three off-street parking spaces for the home occupation at any given time, in addition to the
parking spaces required by the residents.
• No more than one non-resident employee shall be allowed to work on the premises. Nonresident
employees who work off the premises may be allowed to visit the premises. If an on -site
employee is parking on site, off -site employees shall not leave their vehicles on site. If there is no
on -site employee vehicle parked on site, one off -site employee vehicle may be parked on site.
• No vehicle associated with the home occupation, including customers or employees, shall be
parked on the street or block sidewalks or public easements. Private vehicles used by the
residents shall not be included in this subsection.
• An area equivalent to no more than 20-50 percent of each level of the house, including the
basement and garage, shall be used in the conduct of a home occupation.
• DMMSeS that w. uld :.. wnfe home
• No equipment or process shall be used in such home oecupal ion which creates noise, vibration,
light, glare, fumes, smoke, dust, odors or electrical interference detectable to the normal senses
off the premises. If electrical interference occurs, no equipment or process shall be used which
creates visual or audible interference in any radio or television receivers off the premises or
causes fluctuations in line voltage off the premises.
• Storage of materials and goods outdoors is prohibited.
• There shall be no fire, safety or health hazards created by the Home Occupation.
• Any noncompliance with this subsection shall constitute grounds for the denial or revocation of
the home occupation license.
■ The City Council may waive any of these requirements if the home occupation is located at least
350 feet from a residential lot line.
• The City Council may add any additional requirements that it deems necessary to ensure that the
operation of the home occupation will be compatible with nearby land uses.
Uses Prohibited as Home Occupations
,_A home occupation shall not include the repair of internal combustion engines, body repair shops,
spray painting, machine shops, welding, ammunition manufacturing or sales, or other
objectionable uses as determined by the city.
-- Machine shops are defined as places where raw metal is fabricated, ..Sing ...a..hInes a at
GpeFate OR FPGFe than 120 ..alas at n
Permitting Procedures
• Application.
o An application for a licensed home occupation shall be filed with the City Clerk. Upon
submitting the application, the applicant shall also pay the license fee, which shall be set
by the City Council. Other costs for mailings made to adjacent property owners and
publication fees shall also be charged. The Clerk shall forward the completed license
application to the Planning Commission for review and recommendation to the City
Council. The City Council shall hold a public hearing on the application. Notice of the
hearing shall be mailed, at least ten days prior to the date of the hearing, to the owners of
all properties located within 350 feet of any lot line of the property on which the home
L
rHed [EPM5]: other commurdties permit higher
of the house though a CUP, may be
ng to addlcansider
(Commented [EPM6]: See comment above
occupation is proposed. The notice shall also be published in the official newspaper at
least ten days prior to the date of hearing.
o Home Occupations requiring a Conditional Use Permit shall follow the procedures for
Conditional Use Permits as specified in Section 17.5 of the Consolidated Land Use
Ordinance.
• Renewal.
o Each person holding a license to conduct a home occupation shall apply to the City Clerk
each January for renewal. Prior to issuance of a license renewal, the city shall determine
that all licensing conditions and city ordinances are being met.
• Revocation and Appeal.
❑ The City Clerk shall revoke a home occupation license where compliance with the
licensing conditions or city ordinances cannot be obtained or where the home occupation
has been discontinued. Revocation may occur at any time that compliance with license
conditions or city ordinances cannot be obtained.
❑ The holder of a home occupation license whose license has been revoked by the city
clerk may appeal the decision to the City Council. To request an appeal, a written letter or
request must be submitted to the City Clerk within 30 days of the license revocation. The
City Council shall hold a public hearing on the appeal, using the notification procedures in
section
❑ After conducting the public hearing, the Council may revoke the license, allow the license
to continue, or allow continuation with additional conditions upon the license. When
applying additional conditions, the Council may direct that it receive a follow-up report at
a time prior to the annual license renewal.
■ Transfer Prohibited.
o No license granted for a home occupation shall be transferable from person to person or
place to place.
Transition
• All persons currently conducting a home occupation shall have six (6) months from the effective
date of this Ordinance to apply for a license or otherwise become compliant with the terms of this
Ordinance.
Occasional Sales in residential zoning districts
• Personal vehicles, trailers, recreational equipment and similar items may be said in the residential
areas zones of the City of Gem Lake if:
o The merchandise sold is the personal property of the occupant or property owner.
o Sales of such personal merchandise shall be Iimited to no more than two (2)
merchandise items per calendar year, unless approved by the City Council.
o Merchandise items for sale shall not be placed in any portion of the public right-of-way,
public boulevard or required front yard except in a designated improved driveway.
• Estate, garage or rummage sales may be held in residential areas zones of the City of Gem Lake
❑ Merchandise offered for sale is the personal property of occupant or property owner.
o Sales shall be limited to a maximum of four (4) consecutive days and occurring no more
than two (2) times within one calendar year per property, unless approved by the City
Council.
o Merchandise items for sale shall not be placed in any portion of the public right-of-way,
public boulevard, or required front yard except in the designated improved driveway to
the site where the sale is taking place.
o Temporary Ssigns for such events shall be governed by Section 19.3 t. t (J of the Gem
Lake Zoning Code.
ORDINANCE
CITY OF GEM LAKE
RAMSEY COUNTY,, MINNESOTA
AN ORDINANCE REA PEALING AND REPLACING ORDINANCE #85,
REGARDING THE PURPOSE OF REGULATING HOME
BUSINESSES, HOME MERCHADISE.SALES.AND OTHER HOME
OCCUPATIONS
The City Council of the City of Gem Lake hereby ordains that. Ordinance #85 shall be repealed
;and replaced. with the following;
Section 1.0 Definition
1.1 Home Occupation —A use incidental. and:secondary to a property's primary residential
use. A hornce occupation use shall not change the residential character of the property or
the neighborhood, and shall meet all applicable legal requirements.
Section 2.0 Pur ose.and Intent
2.1 The intent of this Ordinance is to. allow oppoi tuoities for hoine based work with. other
uses permitted in the residential districts and to assure peace, quiet and domestic
s tranquility within residential neighborhoods.
Section 3.0 Permitted Home Occupations
3.1 Home Occupations not requiring a License or Permit
3.1:1 Home Occupations meeting the fallowing criteria are not required to have a license or
permit issued by the. City:
.(A) Occupations that take place, indoors and generate no traffic, and create no
ntfisaitces or noises as noticed from the street. or adjacent properties.
3.2 Home Occupations requiring a License
12.1 Home Occupations shall require a Specia] Horne. Occupation license. if any of the
following criteria apply:
(A) Occupations that have one .non-resident. employee working on=site at one time.
(B) Occupations that require parking of light commercial vehicles, or trailers with a
maximum one ton payload capacity
(C) Occupations that result in manufacturing, processing, or assembly of products on=site
(D) Occupations that result in customers coming to the. residence,: such as selling of crafts
or baked goods, providing teaching or tutoring to multiple students
(Q. Occupations that result in deliveries of goods to the residence.
3.3 Horne Occupations requiring.a.Conditional Use Permit
3.3.1 Home Occupations shall require a Conditional Use Permit if any of the following criteria
apply:
(A) Occupations. with a vehicle used; and. parked on.the. premises; with greater :than a one
ton payload capacity.
.(B) If the home occupation produces any waste that should be treated or regulated.
(C) Occupations that occupy over 509/6 of the residence, .not including attached or
detached accessory structures.
Section 4.0 Reguirements of Home Occupations.
4.1 The following requireirients are applicable to Home Occupations requiring a license or
Conditional Use. Permit:
(A)No traffic shall be generated by a home occupation in greater volumes than would
normally be expected in a residential.. neighborhood. The need.. for off=street parking
shall not exceed more than three off-street parking spaces for d 0' home occupation at
any given. time, in addition to the parking spaces required by the residents.
(B) No more than one non-resident employee shall be allowed to work on the premises at.
one time. Nonresident eariployees who work off the premises inay be allowed to visit
the premises. If an on -site employee is parking on site, off -site employees: shall not
leave their vehicles on site. If there is iio on -site ermloyee vehicle parked on site, one
off -site employee vehicle may be parked on site.
(.C)No vehicle associated with the home occupation..,.. including customers or employees,
shall be parked on. the street.or b.lock.s.idewalks or public easements. Private vehicles.
used by the residents shall not be included in. this subsection..
(D) An area equivalent. to no more than 2.0 percent.of each level of the house, including
the basement and garage,.shall be used in the conduct of a. home occupation.
(E) No equipment or process shall be used. in such home occupation which creates noj se,.
vibration, light, glare, fumes, smoke, dust, odors or electrical .interference.detectable
to the normal senses off the: premises.. If electrical interference occurs, no equipment
or process shall be used which creates visual or audible interference in any radio or
television receivers off the premises or causes fluctuations in line voltage off the
premises..
(F) Storage .of materials and goods outdoors is prohibited.
(6)There shall be. tire, safety or health hazards created: by th.e.Hoine Occupation.
(H) Any rnoncom.pliance with this subsection. shall constitute. grounds for%the. denial or
revocation of the home occupation license.
(1) The City Council may waive any of these requirements if the home occupation .is
located at least 350 feet from a residential lot line.
(J) The City Council.may add any additional requirements that it deems necessary to
ensure that the operation of the home occupation will be compatible with nearby land
uses.
4.2 Cases prohibited. as I-lorne Occupations
4.2.1. A home.occupation shall. not include the.repair of internal combustion engines, body
repair shops;.spray painting, machine shops, welding, ammunition manufacturing or
sales, or other objectionable uses as determined by the city.
(A) Machine shops are defined as places where raw metal is fabricated.
Section 5A.Permittirif Procedures for -Home Occupations
5.1 Application:
(A)An application far a licensed home occupation shalI be filed with the City Clerk.
Upon submitting the application, the applicant shall -also pay the license fee, which
shall.be set by the City`Oouncil. Other costs far mailings made to adjacent property
owners and publication fees shall also be charged. The Clerk:shall forward the
completed license application.to. the Planning Commission for review and
recommendation to the City Council. The City Council shall hold .a.public Bearing on
the application: Notice of the hearing shall be mailed, at least ten days prior to: the
date.of the hearing, to the owners of all properties located 'within 350 feet of any lot
line of the property on which the home occupation: is proposed. The. notice shall also
be. published in the official newspaper at least ten 'days prior to the elate of hearing.
(B) Home Occupations. requiring a Conditional Use Permit shall follow the procedures
for Conditional Use Perm'' its:as.:specified in Section 17.5 of the Consolidated Land
Use Ordinance.
5.2 Renewal.
5.2.1 Each person holding a license to conduct:a home occupation shall apply to the City Clerk
each January for renewal. Prior to issuance of a license renewal, the. city.shall determine:
that.all licensing conditions. and city ordinances are being niet:
5.3 Revocation. and :Appeal.
5.3.1 The City. Clerk shall. revoke a home occupation license where compliance with the
licensing conditions or.chy ordinances cannot be obtained or where the: home occupation
has been discontinued. Revocation may occur at any time that compliance with license
conditions or city ordinances cannot be obtained.
5:3:2 The holder of a home occupation license whose license has been revoked by the city
clerk may appeal the decision to the City Council. To request an appeal,. a written letter or
request must be submitted to the City Clerk within 30 days of the license revocation. The
City Council .shall hold a public hearing on the appeal, using the notift cation. procedures
in section
5.3. 3 After conducting. the public hearing, the Council may revoke the: license, allow the
license to continue, or allow continuation with'additional conditions upon the license.
When applying additional conditions, the Council may di rect. that it receive a. follow-up
report at a time prior to the annual license renewal.
5.4 Transfer Prohibited:
5A.1 No license:granted for a home: occupation shall be transferable from person to. person or
place to place.
Section_6.0 Occasional Sales its Residential ,Zoning. Districts
5.1 personal vehicles, trailers, recreational equipment and similar items may be sold in the
residential zones of the City of Gem Lake if:
(A}The merchandise sold is.the personal property of the:occu.pant or.propertyowner.
(B) Sales of such personal merchandise shall be limited to no more than two (2)
merchandise items per calendar year, unless approved by the City.CounciL.
(C) Merchandise items for sale shall not be placed in any portion of the public right-of-
way, public boulevard or required.front yard except in a designated improved
driveway.
6.2.1 Estate, garage or rummage sales may be held in .residential zones of the City bf Gem
Lake 'if:
(A) Merchandise offered for sale is the personal property of occupant or property owner.
(B) Sales. shall be. Iimited to a maximum of four (4) consecutive days and occurring no
more than two (2) times within. one calendar year per property, unless approved by
the City Council:
(C) Merchandise items for sale .shall not. be placed 'in any: portion of the public right-of-
way, public boulevard, or required front yard except it) the designated improved
driveway to.. the site where the sale is taking place.
(D) Temporary signs. for such events shall be governed by Section 19.3: l .l{.1} of the Gem
Lake Zoning Code..
Section 7A Transition
7.1. All persons. currently conducting.a.home occupation shall have six (6) months fiom the
effective date of this.Ordinance to apply for a license or otherwise become compliant.
with the terms of this Ordinance.
Section 8.0 Severabili
.8.1 Should. any section, subdivision, clause or pother provision of this Ordinance be held to. be
invalid by any court of competent jurisdiction, such decision :shall not. affect the validity
of the Ordinance as a whole, or. of`any part hereof, other than the partheld to be invalid
Section 9.0 Effective Date
9.1 This Ordinance sliall take effect and.. be in forcefrom and after its passage and
publication:
Passed by the City Council of Gerrm..Lake, Ramsey County, Minnesota, this `.day of January,
2022.
APPROVED:
Gretchen Artig-Swomley; Mayor
ATTEST:
Melissa Lawrence, Clerk
ORDINANCE
CITY OF GEM LAKE
RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING APPENDIX A OF ORDINANCE.13.1, REGARDING
THE DEFINITION OF HOME OCCUPATION
The City. Council of the. City of.Getn Lake hereby ordains that Appendix A .of Ordinance ##131
shall be amended with the following:
Section 1.0 Definition
1.1 The definition of 'Home Occupation' shall be. .repealed and replaced with the following:
Horne Occupation -- A. use incidental and`:;si
use. A home occupation use shall not char t
the neighborhood; and shall meet all apple
procedures, and regulations ofhome occup.
Section 2.0 Severab.ili
2.1 Should airy section, subdivision., clause or
invalid by any couffof competent`jurisdicti
of the Ordinance as .a whale, or of any -'part.
)ndary to a property's. primary residential
the residential character of the property or,
ie legal requirements. thb. standards, permit
ons are'fiirther.defined in.OMinance
.er provWon .of this Ordinance be held to be
such.decision.'shaIl not affect the validity
reof, other; than the part: held to 'lie inval i d
and be in force from: and after. its..passage
Passed by the City Council of Gem Lake, Ramsey County, Minnesota, this day of January,
2022.
APPROVED:
.ATTEST:
Melissa. Lawrence, Cleric